Legal Opinion

In re Hooper

Wisconsin Supreme Court

Decided June 9, 1881PublishedCited by 17 opinions

On the 9th of June, 1881, Frank II. Hooper was brought before the Hon. Orsamüs Cole, the chief justice of' the supreme court of Wisconsin, in obedience to a writ of habeas corpus cum causa previously issued by the chief justice, directed to T. F. JKontz, the sheriff of Polk county.

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On the 9th of June, 1881, Frank II. Hooper was brought before the Hon. Orsamüs Cole, the chief justice of' the supreme court of Wisconsin, in obedience to a writ of habeas corpus cum causa previously issued by the chief justice, directed to T. F. JKontz, the sheriff of Polk county. The sheriff’s return to the writ showed that the petitioner had been arrested aud was held, as a fugitive from justice from the state of Kansas, under a warrant issued by the acting governor of this state on the 11th of May, 1881. The warrant (a copy of which was included in the return) recited that it had been…

1Opinion of the CourtCole, C. J.

The question arising on the demurrer to the return is: Does the warrant of the governor, set up in the return, show a sufficient justification for holding the petitioner in custody? It is objected that the warrant fails to show upon its face that he is charged with the commission of a crime in the state of Kansas. The warrant of the governor of this state recites that it has been represented to him by the governor of the state of Kansas, that the petitioner “stands charged with the crime of obtaining illicit connection with a female of good repute under the age of twenty-one years, under a…

2Cases cited5 opinions

  1. Taylor v. TaintorSupreme Court of the United States · 1873
  2. People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
  3. In re ClarkNew York Supreme Court · 1832
  4. Brown's CaseMassachusetts Supreme Judicial Court · 1873
  5. State v. HuffordSupreme Court of Iowa · 1869

3Cited by17 opinions

  1. Ex parte StateSupreme Court of Alabama · 1883
  2. State Ex Rel. Treseder v. RemannWashington Supreme Court · 1931
  3. MurphyMassachusetts Supreme Judicial Court · 1947
  4. People ex rel. MacSherry v. EnrightNew York Supreme Court · 1920
  5. People ex rel. Matochik v. BakerNew York Court of Appeals · 1953

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